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1. The defendant shall receive KRW 277,365,312 from the plaintiff and at the same time, 2/10 of each real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On October 1, 2013, the Plaintiff was the deceased C’s spouse, the Defendant was the deceased C’s spouse, and the 8/10 shares of each real estate listed in the separate sheet (hereinafter “instant real estate”) from the above C on October 1, 2013, and the remainder 2/10 shares were bequeathed by the Defendant, and the registration of ownership transfer was completed on April 22, 2014 by Cheongju District Court No. 51126, Cheongju District Court. The Plaintiff and the Defendant shared the instant real estate according to the aforementioned shares ratio.
B. The Plaintiff and the Defendant did not agree on the division of the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings
2. Determination
A. According to the above facts of the Plaintiff’s claim for partition, since the Plaintiff and the Defendant, co-owners of the instant real estate, did not reach an agreement on the division of co-owned property, one of the co-owners may claim the division of the instant real estate jointly owned pursuant to Article 268(1) of the Civil Act.
(1) The plaintiff's claim for partition of co-owned property constitutes a violation of the principle of good faith or an abuse of rights, but there is no evidence to acknowledge it.
B. As a lawsuit of partition 1 as to the method of partition, it is the litigation of formation, which means to resolve the co-ownership relation as to the objects of co-ownership by exchanging or selling shares among co-owners. As such, the court shall make a reasonable partition according to the co-owner’s share ratio according to the co-ownership relation or the overall situation of the objects, regardless of the method requested by the person claiming partition of co-owned property, according to free discretion, depending on the relation
In addition, considering the causes of sharing and the ratio of co-ownership share, economic value of divided shares, and the wishes of co-owners for divided methods, it shall be considered comprehensively.